G2 News-At-A-Glance: Self-Disclosure Easier Than Ever but Still Risky

Health care providers who would like to voluntarily disclose self-discovered evidence of potential fraud may now do so online through the Health and Human Services Office of Inspector General Web site (www.oig.hhs.gov). The new online process was included in an April 17, 2013, update to the self-disclosure protocol (SDP), which revises the protocol entirely and incorporates and replaces all prior updates and open letters the OIG may have issued since the SDP was created in 1998. While the updated SDP does not fundamentally change the system, it does include important new elements that will affect providers who are deciding whether to use the protocol. Some of those new elements include a minimum multiplier of 1.5 times the claim damages, acknowledgment of the potential violation in the case of violations involving the anti-kickback and physician self-referral statutes, and a certification that any internal investigations not completed prior to the disclosure will be completed within 90 days. Generally, the updated protocol includes more specific instructions for certain kinds of disclosures and adds minimum settlement amounts. Anyone considering making a disclosure through the SDP should discuss the benefits and risks of using the SDP with legal counsel before invoking the process. Laboratory compliance officers should become familiar with the SDP so they can properly advise the laboratory administration concerning SDP disclosures.